People ex rel. Roache v. Carter
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the relator, William Roaphe, and by the defendants, James M. Carter, as superintendent, and others, from an order of the Supreme Court, made at the Westchester Speeial Term and entered in the office of the clerk of the county of Westchester on the 17th day of December, 1917. The relator appeals from so much of said order as denies his prayer that chapter 358 of the Laws of 1916 be declared retroactive and that the compensation provided by it shall date from…
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Cross-appeals by the relator, William Roaphe, and by the defendants, James M. Carter, as superintendent, and others, from an order of the Supreme Court, made at the Westchester Speeial Term and entered in the office of the clerk of the county of Westchester on the 17th day of December, 1917. The relator appeals from so much of said order as denies his prayer that chapter 358 of the Laws of 1916 be declared retroactive and that the compensation provided by it shall date from the commencement of the term of imprisonment of each convict. The defendants appeal from so much of said order as…
1Opinion of the Court
Thomas, J.:
The record shows that' the Superintendent of Prisons, by affidavit under date of October 9, 1917, admitted that the relator was eligible for parole on December 21, 1917. This is in answer to relator’s petition verified October 13, 1917, which states that relator was entitled to go before the Parole Board in September, 1917, and to be discharged on *835• October tenth. The Special Term on December 17, 1917, granted a writ of mandamus directing the defendants forthwith to meet and to allow the relator and all other convicts similarly situated “ the compensation provided by statute,…
2Cited by5 opinions
- People ex rel. Gabriel v. WardenNew York Supreme Court · 1919
- In re O'NeilAppellate Division of the Supreme Court of the State of New York · 1935
- In re O'NeilNew York Supreme Court · 1935
- People Ex Rel. Vanilla v. DennoNew York Court of Appeals · 1959
- People ex rel. Cheasty v. Warden of New York City PrisonNew York Supreme Court · 1960